Loading...
HomeMy WebLinkAbout08 - Marine Avenue Storm Drain Pump Station and Drainage Systems DesignTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report July 10, 2018 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Robert Stein, Assistant City Engineer, rstein@newportbeachca.gov PHONE: 949-644-3322 TITLE: Marine Avenue Storm Drain Pump Station and Drainage Systems Design — Approval of Professional Services Agreement (Project No. 19D12) ABSTRACT: Staff issued a Request for Proposals for Professional Civil Engineering services to prepare construction documents for a storm water pump station for the Marine Avenue drainage area. This is in conjunction with the proposed Marine Avenue Street Reconstruction Project and staff is requesting City Council's approval to enter into a Professional Services Agreement with Pacific Advanced Civil Engineering (PACE), Inc. RECOMMENDATIONS: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve a Professional Services Agreement with PACE of Fountain Valley, California, for Marine Avenue Storm Drain Pump Station and Drainage project at a not -to -exceed price of $395,300.00, and authorize Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 19BA-002 transferring $145,300.00 from Account No. 01201926-980000-19D11 (Balboa Island Drainage Master Plan) to Account 01201926-980000-19D12 (Marine Avenue Drainage System Improvements). FUNDING REQUIREMENTS: Sufficient funding for this project is available. It will be expensed to the General Fund in the Capital Improvements Program budget, Account No. 01201926-980000-19D12. W Marine Avenue Storm Drain and Drainage Systems Project Design — Approval of Professional Services Agreement(19D12) July 10, 2018 Page 2 DISCUSSION: In conjunction with the proposed Marine Avenue Street Reconstruction Project, drainage improvements are necessary. Balboa Island and the Marine Avenue area generally drain along the roadways from the center of the island towards the perimeter into 36 separate street -end outlets, through manually operated tide -gates, then directly release into the bay. The typical street is very flat and street ponding and flooding is common. Also, during medium to high tide conditions, each of the 36 drainage outlets tide -gates are closed so as to avoid flooding the streets and homes as the island streets and most of the homes are below the tideline. However, during rain events with the tide -gate closed, the rainwater has no way to exist, and potable pumps need to be brought in and deployed to prevent island flooding. Most businesses along Marine Avenue have maintained the original finish floor elevations compared to many houses on Balboa Island that have raised the finished floor elevations. As such, these buildings are more prone to flooding from a high-intensity storm event, or even a moderate rain event if the tide valve is closed during a high tide. Pumping the storm water is the only available option. To improve the reliability and efficiency of the drainage situation and address this condition, staff requested consultant proposals to design a storm water drainage and pump station system. Storm water would flow from the streets into an underground drainage system, passing through trash and debris removal systems and then be pumped into the bay. In concept, the storm drain system would potentially collect water from Marine, Onyx and Amethyst Avenues (See the attached figure). In addition, as part of the overall drainage upgrade, the design of the pump station will include the ability to divert low flow, dry weather urban runoff to into the sanitary sewer rather than flowing into the bay as it currently does. This entire system would also be automated so as to no longer require staff to open and close tide -gates or mobilize and operate portable pumps. In addition to preparation of construction documents for the proposed pump station and drainage system for Marine Avenue, the consultant will prepare a concept level plan to provide similar flood protection for the entire island. This is the Balboa Island Drainage Master Plan Capital Improvement Project. Staff prepared a Request for Proposals for the development of the proposed pump station and drainage systems. On May 29, 2018, eight proposals were received. The proposal review team consisted of three staff members from Public Works and Utilities Departments. Using the qualification -based selection process, proposals were evaluated by each member of the review team independently. Proposal evaluations are based on the consultant's project understanding, planning understanding, pump station experience, professional qualifications, design ideas and projected level of effort. All eight firms appear qualified with two firms, AECOM and PACE, having the best overall proposals. AECOM and PACE were each invited to a second interview and to make a presentation to staff on June 13, 2018. Five City staff members attended the interview and participated on the selected panel. While both firms appear eminently qualified, the PACE presentation and design team was thought to be better, they presented a creative solution for pumping systems and therefore were selected. PACE has successfully completed similar pump station projects for other agencies. Marine Avenue Storm Drain and Drainage Systems Project Design — Approval of Professional Services Agreement(19D12) July 10, 2018 Page 3 The proposed not -to -exceed fee of $395,300.00 is consistent with the level of effort (work hours) that are required to complete this scope of work and both consultants had similar hours. This work effort includes two CIP projects; the Marine Avenue Drainage System CIP and the preliminary design for the Balboa Island Drainage Master Plan CIP. The design of this project is rather complicated because of the tides, corrosive environment, high density of homes and lack of available space. Given the challenges associated with this project such as the extreme flat terrain and proximity to residential properties, staff believes that the design fee is cost effective and consistent with the industry. The scope of work under this professional services agreement includes (1) concept design -level planning for storm water pumping for the entire island, (2) preparing construction documents for a storm drain system in Marine Avenue and adjacent streets, (3) preparing construction documents for a storm water pump station for the Marine Avenue drainage area including instrumentation for monitoring and operating the pump station, (4) preparing the environmental clearances documents (i.e. CEQA), and (5) obtaining permits from regulatory agencies. The design effort and permitting is expected to take one year and will be in conjunction and in parallel with the proposed Marine Avenue Reconstruction project. Construction is planned for January 2020 or January of 2021. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this (design) action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The construction of the project will require a separate CEQA finding. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Professional Services Agreement Attachment C — Budget Amendment -ULLI-L ATTACHMENT A BAAY_FRONT.ALLEY N Y7] }J41�2fa7 Y39 J175 T"4 777 Yik I .¢ 325 .J2} ]2, ". ler 'sr 3N 1.7 s 7.'1 !22 727 ] 2i +v'S � 7 + 5x3 ,27 2f I$i '#• 121 —32 n:52 72a II, 3D317W}. C ,H al Ix 4 +Y S2a ]21 31p J16 —1"T J'9 .TUrl.,. 7V .114 09eJw '}1911 #1� -eez-k Ix 1 i :}�:f} ❑ W 3 1 713 �} z =1d 716 ]li L{7 J.. 7.`! 77 � 3'4 ' 7l3".7f- 3'1 t .l1iA I 3 323 '7.21:' 311 314 713 3 71p � all 713 ',J J12 3133`� 3`: 113 .TT.2 713 311 3 I h .J.2 2 q 7'd r lsld " 1 ]'l ]i] r14 -in iJ7 •YrJ �a, S2$ .lxx1as v-'� "� ABALONE PL poses# 'fit'or m. WaterDnpnIL 3]e m_ JJL il! Je774. I� , F3- J74 7:7 ro.I WE mill" 22'�rs- 274 22s a2 2a ffi1�7 ,� 2DJ �IYT il7Tf2- 3114 2+p �7 Te1'3 {lr 7'1 ly1 7'fl 2TflR- aii ,n b70 nn 23C 2p, 204 277 � �V ,7r :2e 1'dl3 ler 'sr `2h s 2r1a ,� `27 ,27 2f I$i 123 121 120 2] 121 C x '16 •19 ,y .12�i2 -eez-k Ix 55y r L{7 1'6 � IY 115 lli ',J ill 113 ',2 111 1a4 I� a 227!.4{:.'- rlr 2I7 223 222 227 "2:' r" UT. 222 77a vsr 2.y {1 i'f2ll if7 2!e 2,7 2'9 LLJ 2'b cf!PJ11 LU 21i - .2,4 3'J r 212 2',7 2"- 214 2_r V 2-4 r3 277 '16.4 All .131 7Q$ fr., 106 ��'�1 27T dc a2� 8Jf I 20�. ni m8 I i y �v 3i} 774 a rd I W iTJ 2U1 i72 ' ,� r 3i7 # - - : 1' 147. 2'a2- l —y`L •• 1'lJ 173 '.27 ;a -27 [ 'r4 i•r:• aY'Y _ '7a ilp IIA .i'i I i Ilit '�2 L78 1�J PA - lT k77 �17 lid 131 11114 }}2 %2 FW3 1',51.7 ME I[,7 - uo� 7 _ ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR DESIGN OF MARINE AVENUE STORM DRAIN PUMP STATION AND DRAINAGE IMPROVEMENT PROJECT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 10th day of July, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PACIFIC ADVANCED CIVIL ENGINEERING, INC., a California corporation ("Consultant'), whose address is 17520 Newhope Street, Suite 200, Fountain Valley, CA 92780, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide engineering and design services for the Marine Avenue Storm Drain Pump Station and Drainage Improvement Project ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2021, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Ninety Five Thousand Three Hundred Dollars and 00/100 ($395,300.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Pacific Advanced Civil Engineering, Inc. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Andy Komor to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Pacific Advanced Civil Engineering, Inc. Page 3 8-7 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. M411M.1 V IT, 14**? 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are Pacific Advanced Civil Engineering, Inc. Page 4 8-8 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Pacific Advanced Civil Engineering, Inc. Page 5 8-9 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability Pacific Advanced Civil Engineering, Inc. Page 6 8-10 resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow Pacific Advanced Civil Engineering, Inc. Page 7 8-11 inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Pacific Advanced Civil Engineering, Inc. Page 8 8-12 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Andy Komor Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Pacific Advanced Civil Engineering, Inc. Page 9 8-13 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. Pacific Advanced Civil Engineering, Inc. Page 10 8-14 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controllinq Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, Pacific Advanced Civil Engineering, Inc. Page 11 8-15 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Pacific Advanced Civil Engineering, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: jU By -Aaron C. H p City Attor crn� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONSULTANT: Pacific Advanced Civil Engineering, Inc., a California corporation Date: By: Cory M. Severson Chief Executive Officer Date: is Johan A. Perslow Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Pacific Advanced Civil Engineering, Inc. Page 13 8-17 EXHIBIT A SCOPE OF SERVICES Pacific Advanced Civil Engineering, Inc. Page A-1 $_18 EXHIBIT A SCOPE OF WORK Marine Avenue Storm Drain Pump Station and Drainage Improvements TASK 1: Provide project design management and administrative services including setting up and attending meetings, preparing meeting memorandum, preparing and updating the planning and design schedule, submitting construction documents for review at the 50, 75 and 100 percent complete milestones. Consultant's Project Manager will provide phone and email correspondence, meeting agendas, meeting minutes, up to three site meetings with engineering and operations staff, update the project schedule on a monthly basis, and provide design charrette and presentations at 50%, 75%, and 100% draft submittals. Consultant's Project Coordinator will also provide project management support services. The following key four meetings will be included: 1. Kick-off Meeting — To be attended by City's project manager and staff. Consultant will have its project manager and project engineers in attendance. The purpose of the Kick-off meeting will be to clearly identify and review the objectives, work plan, schedule of activities and final requirements for the project. It is anticipated that on-site inspections will begin immediately following the kick-off meeting. 2. Progress Meeting 1, Hydrology and Initial Hydraulics - Meeting to inform City of project progress and plan. Meeting will occur after hydrologic and flood hazard source analysis has been completed, and initial hydraulic analysis has been performed. Design options to be discussed leading to design phase of project. 3. Progress Meeting 2, Hydraulics and Initial Design - Meeting to discuss findings of detailed hydraulic analysis, coupled model, and initial design. Discussion will include design details that affect construction and long-term service of the system. 4. Design Development 30% Design Charette - Meeting to present the final design report and construction documents. Will involve detailed specifics regarding construction, operation, and maintenance of the system. TASK 2: Research existing utilities. Monitor existing sewer flows in the alley crossing Balboa Avenue adjacent to the street end up to and including the sewer connection to the OCSD line in Bayside Drive. Consultant shall include use of existing Consultant -owned flowmeters and coordinate with City staff the installation of the equipment for the period of one month with a battery powered data logger to examine the existing wastewater collection system flow, in order to determine the maximum nuisance flow capacity in the existing sewer from the proposed pump station. For this work task, Consultant will assemble all available data sets, and conduct site inspections to develop a clear picture of immediate drainage demands and projected future needs. All available data will be collected from multiple historic and current sources, including to the extent available the following: 1. As -built and Record Drawings for the stormwater collection and outfall piping systems. 2. Maintenance and Operational records to determine reoccurring or problematic conditions. 3. Current and historic hydrologic conditions, flooding damage records, and historic accounts. 4. Tidal history record to analyze extreme event frequency and long term trend. 5. Topographic survey data to verify drainage patterns, localized storage and ponding, elevation data for proposed utility cover. Historic survey data, where available will be used to assess historic trend. 6. Geotechnical and groundwater level data for construction, and operational design considerations. Consultant shall conduct on-site inspections of the existing facilities. The inspections will provide data and understanding to help verify sources of current flood protection deficiencies, and future flooding hazard mechanisms. 1. A mechanical inspection to evaluate the current conditions of inlets, piping, outfall structure, and valving. The mechanical inspection shall identify areas of concern for maintenance materials selection. 2. An electrical inspection to evaluate the current condition of the power service available to the pump station. The inspection will determine if existing service will require upgrade as part of proposed pump station installation and operation. All site visits and inspections will be coordinated with the City's Project Manager or his/her designee. M TASK 3: Perform a topological survey including finish floor elevations at critical locations. Consultant shall provide a detailed topographic survey and a ground penetrating radar survey of the area in and around the cul-de-sac on the east end of Balboa Avenue up against the Grand Canal seawall, including on the water side of the sea-wall. The survey will include +/- 50' west along Balboa Avenue from the seawall. Additional above ground survey will be provided for the purposes of designing Watershed F stormdrain collection piping and storm drain inlets. TASK 4: Perform a hydrologic analysis of the subject drainage area. See the attached drainage study (Attachment 2). Consider if the drainage area can be reasonably enlarged based on pump capacity and cost considerations. Consultant will provide detailed hydrologic models and calculations for each of the subwatersheds B, E, and F in this task to compute the different peak storm event hydrographs, corresponding flowrates, and volumes. The Marine Avenue Watershed F system will be evaluated to expand reasonably into B and E, and an island wide gravity ring drain system to the proposed Balboa Avenue Pump Station will also be developed, modeled, and sized in Task 8. The construction methods, permitting, installation details, and costs will be developed as part of this task for the watershed F expansion. Technical memorandum 1 (Hydrology Watershed F) will be presented and revised one time. Consultant will perform technical analysis to establish the hydrology, hydraulics, surface storage, and statistical pumping demand frequency and duration. Watershed Mapping and Hydrologic Model Input Validate the watershed tributary to the Marine Avenue pump station, including delineation of subareas tributary to each inlet and watershed hydrologic conditions. Mapping will be based on field survey, and acquired topographic data. Examine the possibility of cross -watershed flow, particularly during large events. Data from nearest rain gage, and from NOAA Atlas 14 data net will be obtained to develop assessment of precipitation magnitudes and statistics for comparison to County design -based storm event standards. Tidal data will be obtained from nearest applicable tidal gage to determine historical frequency of coincidental influence, precipitation plus high tides, and possible influence on pump station needs. Design Hydrologic Analysis Perform hydrologic analysis to evaluate the runoff hydrograph from each subwatershed area. The analysis will be performed for the controlling design storm following Orange County Hydrologic methodologies. Additional storm event 8-21 magnitudes and patterns will be evaluated, as needed based on results of historic rainfall and tidal data analysis. The runoff hydrographs from the controlling event(s) will be used as input for the static modeling of the stormdrain network, and the dynamic modelling of the stormdrain and pump station system. Stormdrain Hydraulic Analysis (Static Model) Prepare a conventional one-dimensional, steady state water surface profile model (LAStorm or WSPG, for example) of the proposed storm drain infrastructure. Model will serve as design tool for stormdrain and pump station system alternatives analysis. Final design configuration model will be suitable for submission as part of agency review process. Dynamic Coupled Hydrology / Hydraulic Model A dynamic coupled surface and subsurface hydraulic model will be developed in XP-SWMM using the hydrograph data calculated to evaluate both the (1) surcharge/storage surface conveyance within the streets and (2) conveyance within the underground storm drain pipe system. The model will consist of dynamic one-dimensional subsurface drainage infrastructure and pump station, combined with two-dimensional surface flow and storage model. The model will track the surface flow which exceeds the capacity of the storm drain system and evaluate surface ponding extents during a storm, and surface residence time of ponded water. Multiple stormdrain and pump station configurations will be analyzed to arrive at an optimum design for documentation in the final design report. Up to two additional configuration options will be analyzed and documented, at City's request, to provide alternatives that allow a cost benefit analysis prior to construction document preparation. Extreme Event and Impaired System Analysis System performance will be evaluated for expected performance during events that exceed the design envelope, and for events in which the system has been impaired. The extreme event will be chosen based on the precipitation and tidal historical records. The impaired system analysis will be for a system impaired from lack of maintenance, or from accidental disabling of crucial elements. Consultant shall provide a road map for augmenting the Balboa Island drainage infrastructure to alleviate current deficiencies in additional areas of the island, and to maintain robust flood hazard protection for the foreseeable future. The technical narrative, supported by analysis and documentation will demonstrate approaches to expand the flood protection coverage from the Marine Street watershed, to the entire community in a practical manner. 8-22 The concept designs developed as part of this task will encompass a set of alternative capital improvement approaches that provide the community flexibility to choose a path with the greatest benefit compared to cost, complexity, and implementation time. TASK 5: Meet with Orange County Sanitation District (OCSD) and confirm its ability to accept dry weather flows. Consultant will examine existing nuisance flows in watershed F and Island -wide, and estimate nuisance flow comparing with empirical data obtained from nearby projects. The estimated nuisance flows and volume will be compared with Task 2 existing sewer capacity, and a plan for metering nuisance flows will be developed including storing and discharging during low flow periods. The information and data will be included in a Technical Memorandum 2 (Nuisance Flow Discharge) and presented to City's Project Manager and upon his/her approval will be submitted to OCSD for approval. Meet with staff from the City's Utilities Department to discuss the requirements of the pump station, Supervisory Control and Data Acquisition (SCADA) system, and Human Machine Interface (HMI) software application and display format. Consultant will meet with Utilities Department Staff to discuss pump station philosophies including number of pumps, expansion phaseability, access, backup power, alarming, electrical and controls hardware, and remote networking communication and control. The results from the meeting and follow-up communication will be included in the project Piping & Instrumentation Diagrams (P&IDs), sequence of operation specifications, electrical and instrumentation specifications 16000 and 17000 series, and on the contract documents. The results from this task will be combined with other tasks in Technical Memorandum 3 (Pump Station Design). TASK 7: Develop a concept plan for the elements outlined below and present to City for review and comment: A. Provide recommendations for pump station to handle dry -weather and storm flows. Show the preliminary layout for the proposed pump station and drainage collection system including pump layout and piping, storm line discharge configuration with flap gate, and dry weather flow diversion line with clarifier and mag -meter. Concept plan shall show preliminary sizes of storm drain lines, locations and sizes of catch basins, and preliminary hydraulic calculations. Advise if the drainage area can be enlarged to include Amethyst Avenue. Consider the use of hydrodynamic separators (CDS units). Determine if any portions of the existing storm drain system can be utilized. Advise if submersible pumps should be considered. Consider if the pump station discharge can utilize the existing discharge line, perhaps by lining the existing line. Consider increasing the 8-23 depth of the pump station to allow installation of larger diameter inflow storm drain lines to provide additional storage. Consultant will provide upstream stormdrain and catch basin designs including pre- treatment catch basins, Continuous Deflection Separator (CDS) units, or other grit vortex systems to improve water quality and provide an access point for vactor maintenance. The Watershed F system will be examined for expansion to increase the watershed flowing to Watershed F. The Consultant will also provide civil, mechanical, and electrical pre-design/design development of the complete pump station system incorporated into the dedicated space at the east end of Balboa Avenue, including stormdrain piping into the station, forcemains out of the station, pre-treatment, access hatches, electrical and generator building, and re -working of existing utilities, seawall, beach access stairs, and other project elements. A 30% level of design 3D exhibits of the pump station including underground and above ground systems will be provided including dimensions and sequence of construction. A construction shoring, dewatering, and permitting plan will also be developed. Both a Watershed F only system and an Island -wide system pump station design will be provided for consideration and costs will be developed for both options. Gravity collection calculations and pump station calculations including wet well sizing and hydraulic analysis will be provided with preliminary selected pumping equipment. The results from this task will be combined with other tasks in Technical Memorandum 3 (Pump Station Design). B. Provide recommendations for detection and alarm systems including sensors, instrumentation, and/or alarms for pump failure, pump usage monitoring, high water indication and electrical failure. A complete P&ID and equipment list of the proposed pump station will be provided at this level of design development including primary and backup level control sensors including Programmable Logic Controller ("PLC') and solid state wiring configurations, flow meters, nuisance flow pumping versus stormwater flow pumping sequences, intrusion alarms, and utility versus backup power from the onsite generator. The information in this subtask will be discussed with the City. The results from this task will be combined with other tasks in Technical Memorandum 3 (Pump Station Design). C. Provide recommendations on the use of a programmable logic controller (PLC) or remote terminal unit (RTU). Provide recommendations for Supervisory Control and Data Acquisition (SCADA) to monitor and control specific operations of the pump stations and for the HMI. Recommendations shall include suggested hardware and software. Based on the information and feedback from Task 6, Consultant will recommend to the City control, monitoring, and alarming hardware for the pump station to maximize reliability and provide redundancy in the control system function, and also to provide output monitoring and alarming data/information by email, text, and voice calls, and possibly input remote app and SCADA tracking of pump operation, level control, and RM flow data real time. The results of this subtask will be included in the contract documents. A radio survey is not included in this task and may be performed for additional compensation. A secure cell -modem VPN with output function only is a practical alternative to radio for this site if desired. The results from this task will be combined with other tasks in Technical Memorandum 3 (Pump Station Design). TASK 8: As part of the concept plan, develop a general drainage concept for the entire area of Balboa Island. Indicate what modifications to the proposed Marine Avenue system would need to be considered for the other potential pump stations located around Balboa Island. Use this analysis when providing recommendations for Marina Avenue pump station SCADA. Additional design beyond this concept plan for the entire area of Balboa Island is not a part of this scope of work. Consultant will provide additional detailed hydrologic models and calculations for each of the eight subwatersheds A, B, C, D, E, F, G, and H to compute the different peak storm event hydrographs, corresponding flowrates, and volumes. As described in this proposal, an Island -wide gravity ring drain system to the proposed Balboa Avenue Pump Station will also be developed, modeled, and sized. The construction methods, permitting, installation details, and costs will be developed as part of this task for the Island -wide ring drain system segments. Technical Memorandum 4 (Hydrology Entire Island) will be presented and revised one time. These designs will be developed following the Consultant's Optimized Modular Approach (OMA) which embraces the use of configurations and elements that are multifunctional and that utilize reliable and economical off the shelf components, described as follows: Scalable Design A template for design and placement of additional pump stations to protect additional watersheds on Balboa Island will be developed and documented. The approach will build on the repeatable aspects of the Marine Avenue design to develop flood protection for the seven additional Balboa Island watersheds. The template will include exhibits and a set of rule of thumb methods for approximate sizing and cost estimating each of the additional facilities. A bullet list will be included to outline the additional location specific analysis and design steps that must be completed to prepare each of the final designs. Expandable Design An alternative design concept will be developed that permits the initial design to be upgraded at future dates to provide flood protection for additional watersheds. 8-25 The design is intended to address future complications that might be expected in funding, design, and constructing additional stormdrain and pump station systems to provide flood protection for additional watersheds on Balboa Island. The expandable design allows certain features to be implemented in the Marine Avenue system which allow the pump station to be economically upgraded to provide drainage to all of Balboa Island. The design is incrementally modular so that the additional watersheds may be incorporated in to the flood protection zone all at once, or in a flexible future sequence. Hybrid Scalable Expandable Design An alternative design concept will be developed that is a hybrid approach that incorporates some upgradability in the Marine Avenue pump station system, but also anticipates one or more similar placements. The design anticipates modular expansion, but utilizes less transport infrastructure (piping) traded for some additional future pump station installations. TASK 9: Determine water quality standards required by OCSD for the low -flow diversion and by the Regional Water Quality Control Board (RWQCB) for storm flow discharges. Determine what permits will be required. Consultant will discuss with OCSD in Task 5 the pollutants required for monitoring and charges for load of Total Suspended Solids (TSS), Chemical Oxygen Demand (COD), or Total Dissolved Solids (TDS), as applicable. A permit application with OCSD similar to the discharge permit previously obtained for the Big Canyon Country Club in Newport Beach will be filled out and submitted on the behalf of the City. It is not expected that OCSD will have requirements for discharge as Huntington Beach is already discharging nuisance water to OCSD. The Regional Board will be contacted, if necessary. It is expected that nuisance flow discharged to OCSD has been adequately treated, per the MS4 requirements. The results from this task will be included in an update to Technical Memorandum 2 (Nuisance Flow Discharge). TASK 10: Consultant shall prepare construction documents for the underground pump station and SCADA system. The specifications for the SCADA system shall include type and configuration of the computer and monitoring hardware. Human Machine Interface (HMI) specifications shall include application platform, user interface, data archiving, and reporting and alarm management capabilities. Specifications shall, conform to City's Utility Department requirements and Uwe standards. The design shall provide for local and remote operation from the City's Utility Department Operations Center. Currently there are no fiber -optics lines on Balboa Island. Complete construction phase documents will be prepared for the pump station including general, civil, structural, architectural, mechanical, electrical, and P&ID drawings and project specifications including 17 divisions of technical specifications and the summary of work. 50% level of detail, 75% level of detail, and 100% level of detail submittals will be provided for City review and comment. This task assumes building department review and processing of structural and electrical components of the pump station. An architectural rendering will be provided to the City planning department for approval. The plans and specifications will include information for an HMI, Programmable Logic Controller (PLC), network switch, cell -based modem, remote SCADA computer, monitoring and tracking software, autodialer alarming in addition to SCADA alarming, and other capabilities. Six full size hardcopies and digital copies of each submittal will be provided, a final ISSUED FOR CONSTRUCTION signed mylar set will be provided after 100% design. TASK 11: Consultant shall prepare construction documents for the storm drain system including the diversion line to the sanitary sewer and associated street improvements in Balboa Avenue and other areas outside the limits of Marine Avenue where storm drain improvements will occur. Coordinate with the City's project manager in charge of the Marine Avenue Street Improvement project. Consultant anticipates that separate drawing sets will be required for the interim and ultimate storm drain system improvements. All catch basins shall include full -capture trash collection inserts. Provide updated hydrologic and hydraulic calculations. Complete construction phase documents will be prepared for the proposed Marine Avenue and surrounding Watershed F stormwater conveyance piping systems including upstream gravity collection and downstream forcemain pumping (storm and sewer discharge) and stormwater pre-treatment equipment including general, civil plan and profile, structural, and mechanical and drawings and project specifications including 17 divisions of technical specifications and the summary of work. 50% level of detail, 75% level of detail, and 100% level of detail submittals will be provided for City review and comment. Six full size hardcopies and digital copies of each submittal will be provided, a final ISSUED FOR CONSTRUCTION signed mylar set will be provided after 100% design. TASK 12: Prepare environmental clearances. A Mitigated Negative Declaration (MND) may be required. Review the Initial Study with City prior to proceeding with full analysis. 8-27 Environmental Consultant, VCS Environmental will prepare a Project Description and complete an Internal CEQA Initial Study (IS) for circulation and review. Assuming an IS is deemed the appropriate level of CEQA documentation by City, Coastal Commission and other key stakeholders and a Categorical Exemption (CE) can be deemed without further environmental technical studies then no additional scope will be required. This is the assumption for the base fee proposal. As an optional task, Consultant shall circulate a Draft Initial Study(IS)/Mitigated Negative Declaration (MND) and complete a Final IS/MND should additional documentation be deemed necessary and if requested by the City. A fee has been estimated for the IS/MND alternative and listed as an optional task for the City's approval. It is assumed that the City will draft any additional planning documents that may be required for consistency with the City's General Plan, Specific Plan, etc. No noise studies are anticipated to be required due to the design approach which will enclose all pumping equipment and back-up power generator and will utilize noise abatement strategies that will prevent any offsite noise during operation of the pumping equipment. 12a. Develop Project Description VCS Environmental (VCS) will work with the CONSULTANT team to develop and prepare a robust project description. A well -drafted, complete project description is essential for setting the project up for success as it ensures that all associated project activities are covered by the technical studies and environmental document, which helps to maintain internal consistency and avoid duplicative work. 12b. Develop and Coordinate Internal Initial City VCS will prepare an Internal Initial Study briefly summarizing the proposed project, the existing project setting, and potential project impacts related to each of the environmental resource topics contained in the Environmental Information Form, which is provided as Appendix G of the CEQA Guidelines. The purpose of this Initial Study will be to provide the City with express findings related to each of these thresholds, thereby providing the City with the information needed to decide whether a Categorical Exemption is applicable for the proposed project, or if an Initial Study/Mitigated Negative Declaration (IS/ MND) needs to be circulated for public and agency review. The process for circulation and finalization of an IS/MND has been provided as an optional task below, should the Internal Initial Study determine that the project would have potentially significant impacts requiring mitigation. Prepare, submit and process permit applications to completion. City will pay permit fees. RM Environmental Consultant, VCS Environmental will process a Coastal Development Permit. Consultant will process all building permits as required and OCSD processing as stated in task 9 above. 13a. Coastal Development Permit VCS will work with the City to prepare and process a Coastal Development Permit (CDP) for the Project; including drafting a Planning Permit Application, fulfilling public hearing notification requirements, and coordination with the City. 13b. Project Management and Coordination VCS will conduct general project management duties and other coordination during the execution of the tasks described above. This task includes internal team coordination and phone calls, as well as limited coordination with the City if needed to discuss the project's environmental document, Coastal Development Permit, etc. OPTIONAL TASKS: Optional Task 14 - Prepare and Circulate Draft and Final IS/MND If it is determined that the project would incur significant impacts requiring mitigation after preparation of the Internal Initial Study described above, VCS will then finalize the document and coordinate with the City to circulate it for public review as an IS/MND. A MND requires preparation and filing of two different notices including a Notice of Intent (NOI) to adopt a MND and a Notice of Determination (NOD). The NOI discloses to the public that the IS is available for public review and that the Project intends to file an MND. The NOI is sent to the State Clearinghouse in Sacramento and starts the official public review period. VCS will prepare and file the NOI. The MND will be available for a required 30 -day public review period and, while this project does not appear controversial there may be some comments which require minor updates to the IS before finalizing and going to Planning Commission. VCS will also prepare and file the NOD. This NOD must be filed with the County Clerk's office after the City's approval of the Project and starts the Statute of Limitations on any legal challenge to the CEQA document. We assume the project Applicant will pay for the filing fees, which are estimated to be $2,200 for the California Department of Fish and Game CEQA fee and $60 for the County posting fee. The RFP states that an IS/MND may be required; our scope and fee assume there will be no need to prepare an Environmental Impact Report (EIR). Optional Task 15 - Reimbursables for Printing and Circulation of the IS/MND. This scope includes budget for printing, binding, postage, and public noticing associated with Optional Tasks 1 and 2 as described above. • Assumptions: Assumes no changes in project description after VCS commences work. Assumes City, Coastal Commission, and other key stakeholders will concur that an IS is the appropriate level of CEQA documentation. Assumes City, Coastal Commission, and other key stakeholders will concur that environmental technical studies not explicitly listed above will not be required in support of the Categorical Exemption. Assumes that the City, pays the CDFW CEQA Environmental Document Filing Fee and county clerk processing fee (if needed). Assumes that the City will draft any additional planning documents that may be required for consistency with the City's General Plan, Specific Plan, etc. Assumes that the City will concur that no biological, cultural, air quality/GHG, or noise studies would be required in support of the project. Assumes City, Coastal Commission, and other key stakeholders will concur that an IS is the appropriate level of CEQA documentation. n Team Organization The individuals identified in the following organization chart are the main team members leading specific tasks on the project. With our cohesive group of lead project team members, communication with the City is streamlined most efficiently. 8-31 SUB -CONSULTANTS 1. PK Associates Z. Huitt-Zollars PpR� 3. GMU Geotechnical E 4. VCS Enivornmental v 5. Square [I] Design cgCrFpRr��r Russell Hanson, PLSI Jeff Lenherr, PLSI 8-32 EXHIBIT B SCHEDULE OF BILLING RATES Pacific Advanced Civil Engineering, Inc. Page B-1 8-33 IWA:11:1ir:3 =Z:161:14790114 Marine Avenue Storm Drain Pump Station and Drainage Improvements Tasks 1-13 Amount $365,500 O tonal Tasks 14-15 $29.800 2018 PACE Hourly Rate Schedule Descfipfion Hourly Rate Principal / Sr Technical Advisor $240 Project Manager $210 Sr Project Engineer / Sr Consulting Engineer - Scientist $190 Struct / Elect Engineer $165 Controls Specialist $150 Project Engineer $14C Design Engineer $120 Sr. CAD Designer $120 CAD Designer/GIS Analyst $95 Graphic Designer $95 Project. Coordinator $80 Permit Specialist / Geotech / Architect $150 Survey Field Operator w/E ui(GPS/Monitoring) $200 Item No. Work Item Description Total Hours Man -Power Subtotal PrInting Total Task Costs $0 $16,200 TOTAL OPTIONAL TASKS 188 $29,800 $0 IL 1 Management and Administrative Services 108 $19,460 $19,460 $0 2 Existing Utilities Research 46 $8,180 $0 $8,180 3 Topological Survey 40 $8,000 $0 $8,000 4 Hydrology Analysis 114 $17,110 $0 $17,110 5 OCSD Coordination 22 $3,860 $0 $3,860 6 Utilities Department Coordination 24 $4,800 $0 $4,800 7 Concept Plan Development 248 $38,190 $500 $38,690 8 General Drainage Concept 146 $22,960 $0 $22,960 9 Permitting & Regulatory Requirements Determination 22 $3,800 $0 $3,800 10 Pump Station Construction Documents 1026 $140,760 $2,000 $142,760 11 Storm Drain Construction Documents 360 $49,940 $1,200 1 $51,140 12 Environmental Clearances - Categorical Exemption 196 $31,080 $0 $31,080 13 Permit Processing 106 $13,660 $0 $13,660 TOTALS 2458 $361,800 $3,700 $365,500 OPTIONAL TASKS 14 Geotechnical Services 1 80 $13,600 $0 $13,600 15 Environmental Clearances - MND Processin 108 $16,200 $0 $16,200 TOTAL OPTIONAL TASKS 188 $29,800 $0 IL $29,800 TOTAL NOT TO EXCEED: $395,300.00 8-35 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Pacific Advanced Civil Engineering, Inc. Page C-1 8-36 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Pacific Advanced Civil Engineering, Inc. Page C-2 8-37 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Pacific Advanced Civil Engineering, Inc. Page C-3 8-38 judgment may be necessary for its proper protection and prosecution of the Work. Pacific Advanced Civil Engineering, Inc. Page C-4 8.39 City of /Newport Beach BUDGET AMENDMENT 2017-18 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: ATTACHMENT C NO. BA- 19BA-002 AMOUNT:1 $145,300.0 This budget amendment is requested to provide for the following: To transfer $145,300 from the Balboa Island Drainage Master Plan Project to Marine Avenue Drainage System Improvements Project, ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object REVENUE ESTIMATES Ong Object Project EXPENDITURE APPROPRIATIONS Ory Object Project 01201926 980000 19D11 Signed: Signed Signed 01201926 980000 19D12 Amount Description Debit Description Description Drainage - CIP $145,300.00 19D11 -Design -012 -Unassigned Drainage - CIP 19D12 -Design -012 -Unassigned Approval: Finance Director Administrative Approval: City City Council Approval: City Clerk ' Automatic Credit $145:300.00 ? - t y Date Date Date 8-40 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance ONE-TIME? e Yes No This budget amendment is requested to provide for the following: To transfer $145,300 from the Balboa Island Drainage Master Plan Project to Marine Avenue Drainage System Improvements Project, ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object REVENUE ESTIMATES Ong Object Project EXPENDITURE APPROPRIATIONS Ory Object Project 01201926 980000 19D11 Signed: Signed Signed 01201926 980000 19D12 Amount Description Debit Description Description Drainage - CIP $145,300.00 19D11 -Design -012 -Unassigned Drainage - CIP 19D12 -Design -012 -Unassigned Approval: Finance Director Administrative Approval: City City Council Approval: City Clerk ' Automatic Credit $145:300.00 ? - t y Date Date Date 8-40